US citizen married to an international student.....Information on Joint Sponsor I-864,

Asked about 1 year ago - Dallas, TX

I'm 35, US CITIZEN, married to an out of status foreign student, I didn't file a tax return for the last 3 years because I'm unemployed , however as a US citizen I'm filling a petition for my husband and I'm using a joint sponsor since I don't have any source of income or assests, do I have to complete I-864 for my self and leave blank all spaces related to income information?

Second question does the joing sponsor that I'm using have to complete a I-864 as well since this is the only source of income that I'm using?

Third question, the joing sponsor is married and claim the taxes together with his wife but his wife doesn't have any source of income, does the wife have to complete an I-864A or any type of form?

Attorney answers (4)

  1. David Nabow Soloway

    Contributor Level 17

    6

    Lawyers agree

    Answered . The petitioning U.S. citizen spouse must file an Affidavit of Support, even if she has no earnings. A joint sponsor must file an Affidavit of Support (with supporting documents), but the joint sponsor's spouse need not complete an Affidavit of Support if her income is not being relied upon for this process.

    Especially if you and the joint sponsor may be unfamiliar with the proper process for completing and supplying supporting documents relating to the Affidavit of Support, it would be wise to engage an immigration attorney for assistance.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  2. Angelique Giselle Montes

    Contributor Level 12

    3

    Lawyers agree

    Answered . 1. Yes, as the petitioner you must complete & file an i864.
    2. Yes, a co-sponsor must also complete & file an i864.
    3. Based on the fact that the wife of the co-sponsor does not have an income and thus not being used to qualify, the wife if the co-sponsor does not need to complete & file the i864a.

    Since there has been much confusion on completing i864s in a good number if cases, I recommend you retain an attorney to assist you in this matter.

    Angelique Montes, Esq., Immigration Attorney in Houston, Texas. 832-378-7781. This is not legal advice and a... more
  3. Nassim Arzani

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . 1. yes you need to file the I-864
    2. yes joint sponsor must file
    3. no the wife does not need to sign the I-864A
    You should retain an attorney to due the process for you. Any mistake on your part will cause an undue delay in your case.

  4. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . A family based petitioner is always required to complete an I-864 even if they do not have income. A co-sponsor must also complete one.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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